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At the same time, when dispatch is called for — as in response to a crisis or foreign threat — our system has proved as energetic and decisive as any parliamentary model. Although case law interpreting the Georgia privilege does not explicitly contemplate a "balancing" of interests, the analysis used by the appellate courts clearly incorporates a sensitivity to the broader principles protected by the privilege. The outcome of ratification appears to have depended even more on the specific individuals involved. Rather, it was the work as a whole — the "extended republic" of representative, federated, competitive government. The modern quantitative evidence, in fact, indicates that there were no significant relationships whatsoever between any measure of local or state office holding and the ratification vote in any ratifying convention for which the data on officeholders were collected. The list was later printed as a pamphlet during the ratification debate. Employs modern statistical techniques to describe the voting alignments among the states at the Philadelphia convention. The reporter's privilege requires the court to balance the interests between the freedom of the press and the right of a defendant to compel disclosure. Offers no formal or quantitative analysis. Both the civil and criminal shield statutes state the purpose "is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice. " The classic study of economics and the Constitution. The court must ask whether the requesting party's need for the information outweighs the corresponding impairment on the reporter's First Amendment rights. In Maryland, the reporter's privilege should be evaluated by achieving a balance between freedom of the press and the obligation of all citizens to give relevant testimony with respect to criminal or tortious conduct. Buchanan, James M., and Gordon Tullock.
The following remarks were made by two of the Framers on the last day of the convention. Demonized by the republicans as a would-be dictator or a promoter of monarchy, he saw political power slip from his grasp in 1800, when Thomas Jefferson became president and Aaron Burr vice president. Relevant countervailing interests include the reporter's First Amendment interests, see Ashcraft, 218 F. 3d at 288 n. 12, and the public's interest in the free flow of information, Miller, 602 F. at 679-80 (holding information will be released under seal to protect public's interest). Our economy is predominantly competitive, and in some sectors — computer and communications technology, new and old media — the "gale of creative destruction" is blowing mightily. In this way he can prevent the discovery of his own guilt. Levy Circulating Co., Inc., 455 F. 1197, 1202-03 (N. 1978). Under the Constitution, the power to tax, along with the authority to settle past federal debts, was firmly delegated to the central (national) government, improving the central government's financial future as well as improving capital markets (the markets for funds). And competition promotes adaptability of another kind: resilience and durability over time. A key element in that balancing test is the "nature of the claim at issue. Select one of George Mason's objections and explain what remedies our constitutional government provides for the problem he identified. At *4; see also Warnell v. Ford Motor Co., 183 F. 624 (N. 1998) (granting plaintiff's motion to compel NBC videotape where source of videotape remained confidential and was highly relevant and otherwise unavailable to plaintiffs); U. Bingham, 765 F. 954, 959-60 (N. 1991) (holding that defendant's subpoena duces tecum seeking NBC interview outtakes would be quashed; however, defendant was entitled to transcripts of such outtakes).
Rather, it means more of the kind of government citizens prefer. The Constitution contains no self-denying ordinances, similarly general and explicit as those of the First Amendment, regarding broader economic activity. Business firms vying for customers are eager for feedback about the appeal of their products; this helps them to think objectively about the value of what they have to offer, because offerings with less appeal lose out to those with more. A final and especially worrisome move toward unilateral executive government is also bipartisan. As a result, the powers of the state legislatures and the liberties of the people could be taken from them. A view of the American constitutional founding by an eminent legal scholar. 26-30) contended these opponents consisted primarily of more isolated, less-commercial farmers, who often were also debtors, and northern manorial planters along the Hudson River.
G., In re Paul, 270 Ga. 680, 682 (1999) ("News stories based on confidential sources and information enable citizens to make more informed decisions about the conduct of government and its respect for individual rights. Virginians were also unsettled about the planned location of the federal capital in New York. The president can veto congressional legislation and a two-thirds vote in Congress can override the presidential veto. The Records of the Federal Convention of 1787, 3 volumes. But invoking the desirability of cooperation without specifying how it is to be achieved does not get us anywhere. ".. member [of the convention] should sign. States also compete with the federal government. George Mason argued against it. You also will examine Benjamin Franklin's statement in defense of the Constitution. 950 (DC), 1995 U. S. Dist.
We know from evolutionary biology, and from the performance of competitive as opposed to controlled economies, that competition tends to produce forms that are well adapted to their environments, that resist threats to their well-being, and that improve continuously in response to changing circumstances. There obviously is a balancing of interests in assessing the significance of the five factors in Hopewell. Late in June, Hamilton met in private with Virginia Congressman James Madison. Were the economic, financial, and other interests of the founders significant factors in their support for the Constitution, or their support for specific clauses in it, or their support for ratification? To some, it may appear "too deterministic" or "too economic. " Makes laws stable and predictable so people know what to expect because judges follow previous decisions. The predicted probability of a yes vote to prohibit national-level export duties for an otherwise "average" delegate without merchant interests is 0. In re Death Investigation of Skjervold, 742 N. 2d 686, 690 (Minn. 2008). The premise is that citizens rationally devise constitutions, which contain the fundamental rules of governance to be used for future collective decisions in a society. One unambiguous conclusion can be drawn from the recent quantitative studies: There is a valid economic interpretation of the Constitution.
Advances in technology and communications are increasing the executive's organizational advantages over Congress. Starting point when faced with unanticipated circumstances: Derive principles and apply to circumstances. Its problems raising revenues and repaying existing debts created uncertainty about the financial viability of the federal government. Therefore, additional weight should be given to the reporter's interest when the information concerns his investigation of or criticism of the government. " Whom do we mean by framers? The evidence suggests motivating factors and intent on the part of our Founding Fathers that may be distasteful to conservatives, moderates, and liberals alike, to those on the left, in the middle, and on the right. In Florida, courts balance those interests by requiring the subpoenaing party to make a clear and specific showing that a compelling interest exists for requiring disclosure of the information. If the debts of states that had failed to pay were shifted to the federal government, citizens in states that had paid their debts would end up paying twice. I cannot help expressing a wish that every member of the Convention who may still have objections to it, would with me on this occasion doubt a little of his own infallibility, and to make manifest our unanimity put his name to this instrument. Why is the Constitution sometimes described as "a bundle of compromises"? Riker, William H. "The Lessons of 1787. " The privilege statute strikes the balance by requiring the party seeking the information to meet the requirements of the statute clearly and convincingly.
In civil cases, however, the courts will often balance First Amendment interests against the subpoenaing party's interest in obtaining the testimony or material from the reporter. Were, for example, the slaveholdings of the founders a significant factor in their behavior? Our books are available by subscription or purchase to libraries and institutions. The third branch of the Fourth Circuit's LaRouche test is "whether there is a compelling interest in the information, " but in practice, the court determines whether the subpoenaing party's interest is sufficiently compelling by weighing it against the countervailing interests in protecting sources and information. What changes in the Constitution would have satisfied George Mason's objections? No case has expressly articulated a balancing of interests test. Competition is ubiquitous because the condition that gives rise to it is ubiquitous: the scarcity of resources relative to the needs and desires of living beings.
The most notable developments, however, are the collapse of competitive federalism and the separation of powers. What is the law supposed to mean? Charles Beard's "Economic" Interpretation. Benjamin Franklin argued in support of the Constitution. Suggests that the theory is applicable to the American founding. This could ruin the southern states' economies. This balancing test was first explored in In Re Pappas, 266 N. 2d 297 (Mass. Similarly, in In re DaimlerChrysler AG Securities Litigation, the court favored a balancing-of-the-interests test similar to that of Federal Rules of Civil Procedure 26(b) and (c). Between elections, the electorate counts on rivalry for public favor between the branches and parties to keep government relatively honest and balanced. 2004); Ayash v. Dana Farber Cancer Inst., 706 N. 2d 316, 319 (Mass. The court stated, "the court must consider whether there is a compelling interest in the information or source.... These actions, however, appear to be efforts to postpone particularly onerous and contentious steps until after the 2012 elections, or to favor particular firms or constituencies, or both.
The executive makes the decisions that allocate the costs and benefits of these high-minded goals across the economy. The North Carolina shield law does not incorporate an explicit balancing test or requirement. Branzburg v. 665 (1972) (Powell, J., concurring). Of S. F., 748 F. 722, 727 (N. Cal.
The courts have struck down some of these restrictions as unconstitutional but have upheld others, and there is no doubt that Congress will keep pushing the boundaries.